Translation: Regler for Mobilpenge Terms and Conditions of Mobilpenge Terms and Conditions of Mobilpenge The Terms and Conditions of Mobilpenge are a set of special rules to supplement the Bank's Terms and Conditions in force from time to time and combined with any other relevant rules governing payment instruments these Terms and Conditions constitute a master agreement in accordance with the Danish Payment Services Act. Mobilpenge is a payment instrument (similar to eg debit cards and online banking) by which a mobile phone is used to initiate the payment order. In order to use Mobilpenge the account holder must have formed an agreement with Sydbank on the use of Mobilpenge for the respective mobile phone number. The Terms and Conditions of Mobilpenge apply to both the account holder and the Mobilpenge user unless otherwise stated. The account holder can be the Mobilpenge user but an account holder can also assign one or more individuals as Mobilpenge users. If the account holder is a minor, however, no additional Mobilpenge users can be assigned. Definitions of frequently used words can be found at the back of these Terms and Conditions. 1. Application 1.1 Purchases Mobilpenge can be used to pay for goods and services at payees who accept Mobilpenge. Transactions cannot exceed the amount available in the account linked to Mobilpenge and the account balance is checked before the transaction is completed. Only purchases in Danish kroner (DKK) are allowed. There is a fixed maximum/spending limit for Mobilpenge. The maximum/spending limit is available at sydbank.dk where general amendments are also communicated. Moreover the account holder can see the spending limits in Sydbank's NetBank. The account holder can set individual spending limits. Mobilpenge may not be used for illegal purposes according to local legislation. 2. Use of Mobilpenge NB: Text in italics in this section indicates amendments to the current Terms and Conditions. These amendments will become effective on 1 April 2013. 1/11
Transactions with Mobilpenge are executed as follows: Follow the merchant's instructions to pay for an article or service. The Mobilpenge user will receive a request to accept the payment transaction as well as the size of the amount eg by text message. Follow the merchant's instructions to approve the payment transaction. However the Mobilpenge user will not receive such request in connection with special events, eg TV programmes involving raising money/voting. During the event the merchant will explain how the payment transaction is approved. Please note that there is normally no right of cancellation in connection with such special events. Please note that there may be restrictions on use abroad. Confirmation The Mobilpenge user will always receive confirmation of the payment transaction from the merchant showing that the transaction has been completed. The confirmation will be sent either by text message, letter, email or other durable medium. The merchant will inform the Mobilpenge user of how the confirmation is sent if not by text message. The confirmation from the merchant will include the mobile phone number, the name of the merchant, the amount and the date. The Mobilpenge user should check that the amount corresponds to the price of the article or service indicated by the merchant. In case of errors in the confirmation the merchant must be contacted immediately. As a minimum the confirmation should be kept until the account holder has checked the entries on the account. Revocation Payment transactions approved by the Mobilpenge user cannot be revoked. Reservation and withdrawal of amounts in the account The transaction amount will be reserved in the account once the Mobilpenge user has approved the payment. This means that the amount reserved is no longer at the account holder s disposal. The reservation is cancelled automatically after up to seven banking days if the amount has still not been withdrawn from the account. Immediately after Sydbank has received the transaction from the merchant the amount will be debited to the account. Subscriptions 2/11
It is possible to pay for subscriptions using Mobilpenge. However the Mobilpenge user must approve each individual transaction. Consequently the merchant will ask the Mobilpenge user to approve each individual transaction via Mobilpenge before the next payment transaction in accordance with the subscription agreement is executed. 3. Safekeeping of mobile phone Please note that it is possible to use Mobilpenge via the registered mobile phone to make direct withdrawals from the account to which the Mobilpenge agreement is linked. To avoid misuse the mobile phone must therefore be kept in such a way that unauthorised persons cannot gain unimpeded access to using Mobilpenge. Mobilpenge should only be used on mobile phones where it is possible to activate a code or another precautionary measure to bar unauthorised use including misuse, for instance by way of a keypad lock with code digits. The code may not be disclosed to anyone else. 4. Registration/deregistration of additional Mobilpenge users account holders only If the account holder would like another person (Mobilpenge user) to be able to pay via Mobilpenge from the account, the mobile phone number of the Mobilpenge user must be registered with Mobilpenge. The Mobilpenge user's payments using Mobilpenge have the same legal effects as if they had been carried out by the account holder and in accordance with the Terms and Conditions of Mobilpenge. If the account holder registers minor Mobilpenge users the account holder will be liable for these users' adherence to the Terms and Conditions of Mobilpenge. The account holder is liable for transactions completed using Mobilpenge, see section 7. Therefore the account holder must be aware of his obligation to check account entries regularly in accordance with the Bank's Terms and Conditions. Consequently the account holder and the Mobilpenge user must agree on a method for the account holder to check the Mobilpenge user's transactions, see section 9. Please note that the mobile phone number can only be linked to one account. If at a later point an agreement is made for the respective mobile phone number linked to a different account, for instance at another bank, the agreement previously entered into will be deregistered by the bank which made the agreement 3/11
deregistered. If the Mobilpenge user should no longer be able to use Mobilpenge or if the Mobilpenge user no longer uses the mobile phone number, eg in case of transfer of the mobile phone, a new phone number or termination of the subscription, it is in all cases the responsibility of the account holder to deregister the Mobilpenge agreement concerning the respective mobile phone number. Otherwise a new owner of the mobile number will still be able to use the mobile number to make withdrawals from the account linked to Mobilpenge. Deregistration can be made in Sydbank's NetBank or by contacting Sydbank. 5. Obligation to block Mobilpenge The Mobilpenge user or the account holder must contact Sydbank as soon as possible to block the use of Mobilpenge with the registered mobile phone number in the following cases: In case of loss or theft of the mobile phone or the SIM card or if the Mobilpenge user/account holder suspects such loss or theft. If the Mobilpenge user/account holder discovers or suspects that Mobilpenge has been misused. If the Mobilpenge user/account holder suspects that Mobilpenge may be misused in some other manner. Once Sydbank has been informed of the blocking, the access to using Mobilpenge to make withdrawals from the account of the respective mobile phone number will cease. During Sydbank's business hours please contact Sydbank to block Mobilpenge. Outside Sydbank's business hours please contact Nets by calling +45 44 654 654, which is a 24-hour helpline. When contacting Nets the Mobilpenge user/account holder must state his name, date of birth and the mobile number to be blocked, as well as the bank to which the Mobilpenge agreement is linked to obtain immediate blocking of Mobilpenge using the respective mobile phone. Once Mobilpenge has been blocked by the account holder or the Mobilpenge user, documentation regarding the blocking will be available to the account holder in NetBoks in the current year plus another five years. The Mobilpenge user will receive a text message about the blocking. If the account holder created the blocking in Sydbank's NetBank the account holder can cancel the blocking himself. In all other cases the account holder 4/11
must contact Sydbank to cancel the blocking. 6. Sydbank's right to block Mobilpenge Sydbank will block the access to use Mobilpenge in the following cases: 1. If the account linked to Mobilpenge is terminated, cancelled or blocked. 2. In case of breach of these Terms and Conditions of Mobilpenge. 3. If the mobile phone number linked to the Mobilpenge agreement has been misused or is presumed to have been misused by a third party. 4. If the mobile number linked to Mobilpenge has not been used in six months. When Sydbank has blocked the access to Mobilpenge linked to the respective mobile phone number the account holder will receive notification in NetBoks stating the reason for and the time of the blocking. The account holder must contact Sydbank to cancel the blocking. 7. Liability if unauthorised individuals use Mobilpenge If an unauthorised person has used Mobilpenge Sydbank will cover the loss unless the Mobilpenge user or the account holder: has acted fraudulently or has intentionally failed to fulfil his obligations or has failed to block Mobilpenge, see section 5. In such cases the account holder will be liable for the full loss. The account holder is not liable for losses incurred after Sydbank has been informed that Mobilpenge must be blocked. Moreover the account holder is not liable for losses if the Mobilpenge user or the account holder has been unable to block Mobilpenge due to circumstances at Sydbank. 8. Errors and defects of the article or service Sydbank assumes no responsibility for errors and defects etc of the goods and services provided by the merchant. Any complaints concerning errors and defects of the goods and services provided must be addressed to the merchant. Moreover Sydbank does not in any way vouch for the merchant's business 5/11
methods etc. 9. Checking account entries The account holder is obliged to check entries in the account regularly in accordance with the Bank's Terms and Conditions. If the account holder spots transactions that do not match the receipts for the transactions or that the Mobilpenge user believes to be unauthorised the account holder must contact Sydbank as soon as possible. Please note the time limits in sections 10 and 11. If the account holder has assigned additional Mobilpenge users the account holder must ensure that he is able to check transactions by the assigned Mobilpenge users, see section 4 Registration of additional Mobilpenge users. Please note that the full telephone number is reproduced on account statements and receipts. This applies even in the case of an ex-directory number. As regards the regular checking of account entries the account holder must be aware that when using Mobilpenge in connection with distance selling the merchant may not as a rule withdraw the amount until the article/service has been dispatched or delivered. However, on payment of eg bus and rail tickets or cinema and concert tickets the merchant will withdraw the amount when the booking is made. 10. Reversal of approved payments 10.1 If the Mobilpenge user did not know the final amount at the time of approval If the Mobilpenge user did not know the final amount when he approved the payment, and the amount subsequently debited to the respective account is significantly larger than could reasonably be expected, the account holder may be entitled to a reversal of the payment. The account holder must contact Sydbank as soon as possible, however no later than eight weeks after the amount has been debited to the account if the account holder believes that he is entitled to a reversal of a payment where the Mobilpenge user has not approved the final amount. 10.2 Distance selling If Mobilpenge has been used to pay for goods or services in distance selling contracts the account holder may be entitled to a reversal of a payment in the following cases: the merchant has charged an amount larger than the amount agreed, or 6/11
the article/service ordered has not been delivered, or the Mobilpenge user has exercised an agreed or statutory right of cancellation by refusing to accept or collect the article/service in question. The Mobilpenge user/account holder must first attempt to resolve the problem directly with the merchant before contacting Sydbank. Documentation must be provided that the account holder or the Mobilpenge user has contacted or attempted to contact the merchant. It is a condition that the account holder contacts Sydbank as soon as possible after becoming aware of any unauthorised transactions. The account holder must submit a complaint by completing a complaint form at sydbank.dk no later than 14 days after the account holder has become aware of his possible claim. When assessing whether the account holder has made the complaint to Sydbank in due time, the Bank will take into account the obligation of the account holder to check account entries regularly, see section 9. Sydbank will subsequently examine the complaint. As a rule the disputed amount will be credited to the account pending examination. If the complaint proves to be unjustified Sydbank will debit the amount to the account. If the complaint proves to be unjustified, Sydbank may charge interest from the time when the amount was credited to the account and until it is debited as well as a fee for obtaining documentary proof, see the Tariff of Charges. 11. Reversal of unapproved payments If the account holder/mobilpenge user believes that Mobilpenge has been used for one or more transactions that the Mobilpenge user has not approved, sanctioned or made, Sydbank must be contacted as soon as possible after the account holder/mobilpenge user has become aware of the unauthorised transaction(s). When assessing whether the account holder has contacted Sydbank in due time, the Bank will take into account the obligations of the account holder to check account entries regularly, see section 9. In all circumstances the account holder must contact Sydbank no later than 13 months after the amount was debited to the account. Sydbank will subsequently examine the complaint. As a rule the disputed amount will be credited to the account pending examination. If the complaint proves to be unjustified Sydbank will debit the amount to the account. If the examination reveals that an unauthorised person has used Mobilpenge, Sydbank may hold the account holder responsible, see section 7. If the complaint proves to be unjustified, Sydbank may charge interest from the 7/11
Use, storage and disclosure of information When payment is made using Mobilpenge, information on the registered mobile number, the transaction ID, the amount, the date of the transaction when Mobilpenge was used as well as information identifying the transaction is registered. The information is stored by the merchant, Sydbank and Nets. The information will be used in Sydbank's accounting, in bank statements and 8/11
Section 17 of the Danish Consumer Agreement Act contains provisions on the right of cancellation in relation to distance selling of financial services. The provisions on the right of cancellation are described below and apply to retail clients only. Right of cancellation The account holder is entitled to cancel an agreement with Sydbank within 14 days. The cancellation period runs from the date the account holder entered into the agreement, eg signed the agreement or placed the order. 9/11
Under the Danish Consumer Agreement Act the client is entitled to receive information, including information on his right of cancellation and the service ordered. The cancellation period does not expire until 14 days after the account holder has received this information in writing, eg by letter or by email. If the last day of a cancellation period is on a Saturday, Sunday, public holiday, the Friday after Ascension Day, 5 June, 24 or 31 December, the cancellation period will expire on the following business day. Notification of cancellation Before the expiry of the cancellation period the account holder must notify Sydbank by phone or in writing if he wishes to cancel the agreement. The notification of cancellation can be made to the account holder s Sydbank branch. If the account holder wishes to secure documentation that he has exercised the cancellation period in time, he may send a registered letter and keep the receipt. Payment If the account holder exercises his right of cancellation, he must return any services he has received from Sydbank. The Bank is obliged to return the amount the account holder has paid for the service, however excluding ordinary handling charges, commitment fees as well as third party fees. Moreover the account holder must pay for that part of the service which has already been performed. Lapse of right of cancellation The right of cancellation will lapse before expiry of the cancellation period if the agreement with the express consent of the account holder has been performed completely by Sydbank and the account holder. The Guarantee Fund for Depositors and Investors Sydbank is subject to the provisions of the Danish Guarantee Fund for Depositors and Investors Act. Definitions Banking day All days except Saturdays, Sundays and public holidays, Friday following Ascension Day, 5 June, 24 and 31 December. Mobilpenge user The Mobilpenge user is the person using the mobile phone number assigned by the account holder to purchase goods and services. The account holder may also be the Mobilpenge user. Distance selling An agreement to purchase goods or services or to receive recurring deliveries of 10/11
goods or services is referred to as distance selling when such agreement 1. is made through distance communication means ie without the Mobilpenge user and the merchant meeting in person and 2. is made as part of a distance selling system run by the merchant. Merchant Any shop or other place that accepts payment by Mobilpenge. Account holder The owner of the account linked to the Mobilpenge agreement. Receipt Information on a payment provided electronically or on paper. Bank The bank in which the account used to debit transactions made by Mobilphone was opened. Tariff of Charges The charges etc in force from time to time. The Tariff of Charges is provided by Sydbank. Durable medium Any instrument enabling the recipient to store information in a manner which allows future retrieval in a period adjusted to the purpose of the information and which allows unchanged reproduction of the information stored. Examples of durable media are text messages and NetBoks. Translation The above is a translation of the Danish Regler for Mobilpenge. In case of doubt the Danish original will apply. 11/11